This Seller’s Agreement (the “Agreement”) is a binding contract between you and Auctionopia, LLC, a Maryland limited liability company and applies to your use of our online classified and auction services (the “Services”) as posted on our website, www.auctionopia.com (the Website”). The terms “you” and “your” shall mean you the seller and the terms “we”, “our”, “us” or “Auctionopia” shall mean Auctionopia, LLC.
1. Acknowledgement - You hereby acknowledge that by listing any goods or services for sale on our Website, you agree to be bound by the terms of this Agreement. You further acknowledge that you shall be obligated, to the fullest extent of the law, to sell and deliver any goods or services that you sell through our Website to the buyer pursuant to the terms of the sale (i.e. item as listed, the sale price and the delivery method). If you wish to cancel a sale, you may do so only with the express consent of the buyer. For the purpose of this Agreement “buyer” means the person submitting the highest bid at the close of your auction.
2. Representations and Warranties -
2.1 As to Goods - You hereby represent and warrant that:
2.1.1 You are the lawful owner of any goods that you list on our Website, or that you otherwise have permission from the lawful owner to do so.
2.1.2 The goods are not prohibited under our Terms of Use.
2.2 As to Services - You hereby represent and warrant that:
2.2.1 You possess all licenses necessary, if any, to perform the service in the jurisdiction where the service is to be performed.
2.2.2 The service is not prohibited under our Terms of Use.
3. Fees - You agree to pay all fees for any auction enhancements (i.e. Featured Product Package, Highlight Package, Bold Package, Border Package, etc. that you elect to purchase as more fully described on our “How To” page. Fees for any auction enhancements shall be due and payable at the time such auction enhancements are purchased.
4. Invoices - On or about the fifteenth (15th) day of each month we will send you an invoice containing details for the last payment made, discounts, credits, and fees that were applied to your account during the preceding month. All invoices will be sent to your email address as it appears in our records. IT IS YOUR RESPONSIBILITY TO NOTIFY US OF ANY CHANGE IN YOUR EMAIL ADDRESS. Notice - Any notice required or permitted under this Agreement shall be made by electronic transmission.
4.1 Notice to You - Notice to you shall be sent to your email or other electronic address as it appears in our records. IT IS YOUR RESPONSIBILITY TO NOTIFY US OF ANY CHANGE IN YOUR EMAIL ADDRESS
4.2 Notice to Us - Notice to us shall be sent to tom.popomaronis@auctionopia.com
5. Non-limitation of Remedies - Nothing in this Agreement shall limit our rights and remedies at law or equity.
6. Entire Agreement - This Agreement contains the entire agreement between you and us.
7. Choice of Law and Consent to Jurisdiction - This Agreement shall be construed and enforced under the laws of the State of Maryland without regard to any conflict or choice of law rule. By using the Auctionopia Website and our services, you hereby consent to the jurisdiction and venue of the courts of Baltimore City, Maryland, or the United States District Court for the District of Maryland (Northern Division), if diversity of citizenship exists, in any action relating to this Agreement. You agree to stipulate in any future proceeding that this Agreement is to be considered for all purposes to have been executed and delivered within the State of Maryland.
8. Severability Clause - In case any provision (or any part of any provision) contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision (or remaining part of the affected provision) of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision (or part thereof) had never been contained herein but only to the extent it is invalid, illegal or unenforceable.
9. Headings - The headings of the various sections of this Agreement have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting the express terms and provisions hereof.
10. Benefit - The terms and conditions herein shall inure to the benefit of and shall be binding upon you and us and each of our respective heirs, personal representatives, successors and assigns, as the case may be.
11. Compliance - You must agree to comply with all of the terms and conditions contained in this Agreement. Failure to do so may result in the termination of your account. In addition, you must read and agree to comply with the terms and conditions contained on our Terms of Use and Privacy Policy.
12. Amendment - We reserve the right to amend this Agreement at any time by posting the amended Agreement on our Website. THE AMENDED AGREEMENT WILL BE EFFECTIVE IMMEDIATELY UPON POSTING; HOWEVER, IF THE AMENDED AGREEMENT INCLUDES A SUBSTANTIAL CHANGE, INCLUDING BUT NOT LIMITED TO AN INCREASE IN FEES, WE WILL PROVIDE YOU WITH FIFTEEN (15) DAYS’ PRIOR NOTICE.
This Agreement was last modified on February 12, 2010.
